Utanjay Kumar @ Antujay Kumar @ Bhushan v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.86167 of 2024 Arising Out of PS. Case No.-179 Year-2024 Thana- CHAKAND District- Gaya ====================================================== 1.

Utanjay Kumar @ Antujay Kumar @ Bhushan S/O Dilkeshwar Yadav Resident of Village - Naugarh, P.S- Chakand, District- Gaya 2.

Ravi Kumar S/O Bhunshi Yadav Resident of Village - Meharbanpur, P.SChakand, District- Gaya ... ... Petitioner/s

Versus

The State of Bihar ... ... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s :

Mr. Ajay Kumar Sinha, Advocate For the Opposite Party/s :

Mr. Anant Kumar 1, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ANJANI KUMAR SHARAN ORAL ORDER 17-12-2024 Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the State.

2.

The petitioners apprehend their arrest in a case registered for the offence punishable u/s 191(2), 191(3), 190, 127(1), 115(2), 132, 109, 324(4), 303(2) and 317(2) of B.N.S., 2023. 3.

As per prosecution case, police got secret information about illegal sand mining. For verification, police personal reached at the place of occurrence. On seeing police, two persons fled away. Meanwhile, some accused persons attacked upon the police team. Police has seized a tractor loaded with sand. 4.

It is submitted by learned counsel for the petitioners that petitioners are quite innocent and have committed no offence. They have been falsely implicated in this case. No such

Patna High Court CR. MISC. No.86167 of 2024(2) dt.17-12-2024 2/2 occurrence, in the manner as alleged, has ever taken place. There is no specific allegation against the petitioners rather allegations are general and omnibus in nature. Petitioners have been made accused in this case because petitioner no. 1 is the owner of the said tractor and petitioner no. 2 is the driver of the said tractor. It is further submitted that penalty amount has already been deposited which is clear from annexure 2 of the bail application. Petitioner no.1 has two criminal antecedent and petitioner no. 2 has no criminal antecedent as mentioned in para 3 of the bail application. 5.

Learned APP for the State opposed the prayer for bail. 6.

Having regard to the facts and circumstances of the case, let the above named petitioners, be released on bail, in the event of their arrest or surrender before the learned Court below within a period of six weeks from today, on furnishing bail bond of Rs. 25,000/- (Rupees Twenty Five Thousand) each with two sureties of the like amount each to the satisfaction of the learned court below where the case is pending/Successor Court in connection with Chakand P.S. Case No.179 of 2024, subject to the conditions as laid down under Section 482(2) of BNSS, 2023. (Anjani Kumar Sharan, J) priyanka/- U T